Understanding the I-864 Basics

The Affidavit of Support is a form that establishes a sponsor’s ability and willingness to financially support an immigrant in the United States. The sponsor must demonstrate that they have sufficient income and/or assets to meet the minimum income requirement, which is based on the federal poverty guidelines and the number of people in the sponsor’s household. The sponsor must also agree to reimburse the US government for any means-tested public benefits that the immigrant may receive, such as food stamps, Medicaid, or Supplemental Security Income (SSI).

The Affidavit of Support is required for most family-based immigration cases, such as green card through family, marriage-based immigration process, or green card for minor stepchildren. It is also necessary for some employment-based immigration cases, such as EB-1 extraordinary ability visa, EB-2 National Interest Waiver, or EB-3 skilled worker visa, if the employer is a relative of the immigrant or has a significant ownership interest in the company that is sponsoring the immigrant. However, the Affidavit of Support isn’t required for some scenarios, such as work visas for the US, E-2 visas through a franchise, or VAWA green cards.

The sponsor of the Affidavit of Support must be a US citizen, a US national, or a lawful permanent resident (LPR) who is at least 18 years old and domiciled in the United States or its territories. The sponsor must also be the petitioner of the immigrant’s visa or green card application or a joint sponsor if the petitioner does not meet the income requirement.

The immigrant is the beneficiary of the petition and the subject of the Affidavit of Support.

The immigrant must also be admissible to the United States and eligible for a visa or green card through family that they’re applying for. The immigrant must submit the sponsor’s I-864 form and supporting documents, along with their visa or green card application to the US Department of State (DOS) or the US Citizenship and Immigration Services (USCIS).

The Affidavit of Support is a legally binding contract that lasts until the immigrant becomes a US citizen, dies, or ceases to be a permanent resident and leaves the United States. The sponsor cannot cancel the Affidavit of Support once it is submitted unless they withdraw it before the immigrant’s visa or green card is issued. The sponsor is also responsible for notifying the USCIS of any change in their address or income within 30 days of the change.  Divorce does not end the sponsor’s obligations.

The Affidavit of Support is a serious commitment that should not be taken lightly and an immigration lawyer can better help you understand the responsibility you’ll be taking on. The sponsor and the immigrant should carefully read and understand the terms and conditions of the I-864 form before signing it.

Sponsorship Eligibility and Requirements

Before you can submit the Affidavit of Support, you need to make sure that you’re eligible to be a sponsor and that you meet the minimum income requirements. In this section, we’ll briefly explain the criteria and responsibilities of sponsors, as well as how to calculate the income threshold for your household size, and an immigration law consultation can help you break it down.

Who can be a sponsor?

To be a sponsor, you must be:

• A US citizen, a US national, or a lawful permanent resident (LPR). You cannot be a sponsor if you’re a nonimmigrant, such as a student, a tourist, or a temporary worker.
• At least 18 years old at the time of signing the Affidavit of Support.
• Domiciled in the United States or its territories. This means that you must have a primary residence in the US where you intend to live indefinitely. You cannot be a sponsor if you live abroad unless you can prove that your absence is temporary and that you will return to the US within a reasonable period.
• The petitioner of the immigrant’s visa or green card application or a joint sponsor if the petitioner does not meet the income requirement.

What are the responsibilities of a sponsor?

The citizenship application process is one to take seriously, and as a sponsor, you’re legally obligated to provide financial support to the immigrant until they become a US citizen, die, or cease to be a permanent resident and leave the US.

This means that you must:

• Ensure that the immigrant has adequate income and resources to maintain a standard of living above the federal poverty level. You may use your income, assets, or a combination of both to meet this requirement.
• Reimburse any federal, state, or local agency that provides means-tested public benefits to the immigrant, such as food stamps, Medicaid, or Supplemental Security Income (SSI). You may be sued by the agency for the amount of benefits received by the immigrant.
• Notify the USCIS of any change in your address or income within 30 days of the change. You must use Form I-865, Sponsor’s Notice of Change of Address, to report the change.

How do you calculate the minimum income requirement?

The minimum income requirement for the Affidavit of Support is based on the federal poverty guidelines and the number of people in your household. Your household size includes:

• Yourself
• Your spouse, if married
• Your dependent children under 21 years old, if any
• Any other dependents listed on your most recent federal income tax return, if any
• The immigrant(s) you’re sponsoring, if any
• Any immigrants previously sponsored with a Form I-864 or I-864EZ who are still under the contract, if any.

To calculate the minimum income requirement, you need to multiply the federal poverty guideline for your household size by 125%. Talk to your immigration lawyer to ensure the numbers add up, so that this doesn’t end up being a cause for rejection.

You can find the current federal poverty guidelines on the US Department of Health and Human Services website. The USCIS also publishes a table of the minimum income requirements for the Affidavit of Support on its website.

If your income is below the minimum income requirement, you may use your assets or a joint sponsor to supplement your income. We’ll discuss how to use assets and joint sponsors in the next section.

Financial Documentation and Supporting Evidence

Once you have determined that you’re eligible to be a sponsor and that you meet the minimum income requirement, you need to complete the I-864 form and provide the necessary financial documentation and supporting evidence. In this section, we’ll guide you through the steps of filling out the I-864 form and explain what documents you need to submit along with it.

How do you complete the I-864 form?

The I-864 form is a 12-page document that consists of 10 parts.

Here is a brief overview of the parts of the I-864 form, but it is recommended you use the assistance of an immigration lawyer to fully understand it:

Part 1: Basis for Filing Affidavit of Support

Part 2: Information About the Principal Immigrant

Part 3: Information About the Immigrants You’re Sponsoring

Part 4: Information About You (the Sponsor)

Part 5: Sponsor’s Contract, Statement, Contact Information, Certification, and Signature

Part 6: (If applicable) Use this part if you need to add additional information for any item on this affidavit.

Part 7: (If applicable) Interpreter’s Contact Information, Certification, and Signature

Part 8: (If applicable) Contact Information, Declaration, and Signature of the Person Preparing this Affidavit, if Other Than the Sponsor

Part 9 and Part 10 of the I-864 form are only applicable if you need an interpreter or a preparer to help you fill out the form. If you do not need any assistance, you can leave these parts blank.

This is a summary of the I-864 form based on the official instructions and the form itself.

What documents do I need to submit with the I-864 form?

Along with the completed and signed I-864 form, your immigration lawyer will ensure you submit the following documents to prove your income and assets:

• A copy of your federal income tax return for the most recent tax year, including all schedules, attachments, W-2s, and 1099s. If you’re using the income of a household member or a joint sponsor, you also need to submit their tax return. If you’re self-employed, you also need to submit a copy of your Schedule C, D, or E. If you did not file a tax return for the most recent year, you need to provide a written explanation and evidence of your income for that year.
• A copy of your pay stubs for the most recent six months, showing your gross income and deductions. If you’re using the income of a household member or a joint sponsor, you also need to submit their pay stubs. If you’re self-employed, you also need to submit a copy of your profit and loss statement or a business bank statement.
• A copy of your bank statements for the most recent 12 months, showing the balance and activity of your accounts. If you’re using your assets or the assets of the immigrant or a household member to supplement your income, you also need to submit the bank statements of the accounts where the assets are held.

• A copy of your evidence of assets, such as property deeds, stock certificates, bond certificates, etc., showing the description, location, ownership, and value of the assets. If you’re using the assets of the immigrant or a household member, you also need to submit their evidence of assets. You also need to submit proof of any liabilities or debts against the assets, such as mortgages, loans, liens, etc.
• A copy of your proof of US citizenship or LPR status, such as your birth certificate, naturalization certificate, passport, or green card. If you’re using the income or assets of a household member or a joint sponsor, you also need to submit proof of US citizenship or LPR status.
• A copy of your proof of domicile, such as your driver’s license, utility bill, lease agreement, or voter registration card, showing your current address in the US or its territories. If you’re living abroad temporarily, you also need to submit proof of your intention to return to the US, such as your employment contract, travel itinerary, or letter from your employer.

Remember, that regardless of whether you’re applying for the immigrant’s green card through family, or otherwise, you must submit:

• Copies of the documents unless otherwise specified to submit originals.
• Certified English translations of any documents that are in a foreign language.

The documents to the appropriate government agency, depending on whether the immigrant is applying for a visa abroad or a green card in the US. You can find the address and instructions on the USCIS website or the DOS website.

What are some common pitfalls and mistakes to avoid?

The Affidavit of Support is a complex and essential document leading up to the citizenship application process that can affect the outcome of the immigrant’s visa or green card application. Therefore, you should be careful and diligent when completing the form and submitting the documents.

Here are some common pitfalls and mistakes that you should avoid:

• Failing to meet the minimum income requirement.
• Providing incomplete or inaccurate information.
• Submitting insufficient or outdated documents.
• Signing the form without understanding the terms and conditions.

The Affidavit of Support requires as much attention and care as a work visa for the US or marriage-based immigration process would. By following the steps and tips in this guide, you can avoid common pitfalls and mistakes and ensure that you submit a valid and effective Affidavit of Support for the immigrant you’re sponsoring.

However, be mindful that the Affidavit of Support isn’t the only document that you need to submit for the immigrant’s visa or green card application. You also need to submit other forms and documents, such as the petition, the biographic data, the medical examination, the police clearance, etc. Therefore, we recommend that you consult with an immigration lawyer who can help you with the entire immigration process or green card application assistance and ensure that you comply with all the requirements and regulations.

Getting Help From An Immigration Lawyer

As we’ve mentioned above, the Affidavit of Support is a complex and important document that can affect the outcome of your immigration case. However, it isn’t the only document that you need to submit for your visa or green card application. You also need to comply with other requirements and regulations that may vary depending on your immigration scenario.

That is why you may need the help of an immigration lawyer who can guide you through the entire immigration process and ensure that you avoid common pitfalls and mistakes.

An immigration lawyer can:

• Advise you on the best immigration option for your situation, whether it is a work visa for the US, a green card through family, an investor visa program , or any other category.
• Assist you with preparing and submitting all the necessary forms and documents, such as the petition, the Affidavit of Support, the biographic data, the medical examination, the police clearance, etc.
• Represent you in any communication or interview with the US Department of State (DOS) or the US Citizenship and Immigration Services (USCIS).
• Help you overcome any challenges or issues that may arise during your immigration case, such as how to overcome a marriage-based green card denial, removal of conditions on a marriage-based immigration process, or an I-601A provisional unlawful presence waiver.

If you’re looking for a reliable and experienced immigration lawyer, reach out to us at IBP Immigration Law. We’re a leading immigration law firm that has helped hundreds of clients achieve their immigration goals through our immigration law consultations. We can help with obtaining work visas for the US, green card through family, employment-based immigration sponsorship, EB-3 skilled worker visa, and more.

Contact us today and see how we can help you with citizenship or green card application process or assistance.